Foreclosure

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On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred in judgment only, the court held that Deutsche Bank had standing to pursue the foreclosure action in this…

Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Isn’t it a fact that the Bank does have an injury from the property taxes and insurance that they advanced under the mortgage alone?” Justice O’Neill, to counsel for the homeowners.

On January…

Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the argument in this case here.

On January 27, 2016, the Supreme Court of Ohio will hear oral argument in the case of Deutsche Bank National Trust Company as…

Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On January 14, 2015, the Supreme Court of Ohio heard oral argument in the case of Wells Fargo Bank, N.A. v. Brian T. Horn, et. al., 2013-1534. The issue in this case…

Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read an analysis of the oral argument here.

On January 14, 2015, the Supreme Court of Ohio will hear oral argument in the case of Wells Fargo Bank, N.A. v. Brian T. Horn…

Case Background

Paul Jones and Latosha Sanders bought a new house from Centex Homes. After they moved in, they found that their electronic equipment didn’t work right. They alleged that the reason was because metal joists in the house were magnetized. Another couple, Eric and Ginger Estep, brought a lawsuit against Centex with identical issues.…

On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, O’Donnell, French, and Kennedy, the court answered the following certified conflict question in the negative:

“When a defendant…

Update: On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On January 8, 2014, the Supreme Court of Ohio heard oral argument in the case of Bank of American, N.A. v. George M. Kuchta, et al., 2013-0304. At issue in this case…

On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017.  The case was argued April 4, 2012. The Court accepted the case on conflict certification, to resolve a split among the First, Second, and Eighth appellate districts, and on discretionary appeal on…

On September 6, 2012, the Supreme Court of Ohio handed down a merit decision in PHH Mtge. Corp. v. Prater, 2012-Ohio-3931.  In a unanimous opinion authored by Justice Stratton, the Court held that when a party’s address is known or easily discovered, notice to a party with an interest in a foreclosure action by…